Agriculture, Food and Rural Affairs Appeal Tribunal (Tribunal)

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Rule 33 - Appeals Under the Farm Products Marketing Act, The Milk Act and Licensing Appeals

Method of commencement

33.01 Unless otherwise provided in these rules or in a statute an appeal shall be commenced by notice addressed to the secretary of the Tribunal at 1 Stone Road West, Guelph, Ontario, N1G 4Y2.

33.02 A notice of appeal shall contain a statement of the matter being appealed and the name, mailing address, including postal code, and telephone number of each appellant.

Appeals under Section 16 of the Ministry of Agriculture and Food Act

33.03 The Tribunal shall refuse to hear an appeal unless the appellant provides evidence of compliance with subsection 16(5) of the Ministry of Agriculture and Food Act.

33.04 The Tribunal may refuse to hear an appeal or, after a hearing has commenced, refuse to continue the hearing or make a decision if it relates to any order, direction, policy, decision or regulation of which the appellant has had knowledge for more than one year before the notice of appeal is filed under section 16 of the Ministry of Agriculture and Food Act or, if in the Tribunal's opinion,

  1. the subject matter of the appeal is trivial;
  2. the appeal is frivolous or vexatious or is not made in good faith; or
  3. the appellant does not have a sufficient interest in the subject matter of the appeal.

Notification of appeal

33.05 Upon receipt of a notice of appeal under subsection 16(1) or (2) of the Ministry of Agriculture and Food Act the Tribunal shall forthwith notify the Farm Products Marketing Commission, the local board, the marketing board or the Director under the Milk Act where any such body or the Director, as the case may be, has an interest in the subject matter of the appeal.

Notice of hearing

33.06 In an appeal under subsection 16(1) or (2) of the Ministry of Agriculture and Food Act the Tribunal shall within ten calendar days after the receipt of a notice of appeal serve a notice of hearing on the appellant or appellants and the body which made the order, direction, policy, decision or regulation which gave rise to the grievance setting out the date, time and place at which the appeal will be heard.

Stay

33.07 Unless otherwise specified in the Act governing the matter under appeal, an appeal to the Tribunal operates as a stay in the matter under appeal subject to the right of the Tribunal to limit or define the scope of the stay.

Parties to appeal

33.08 In an appeal under subsection 16(1) or (2) of the Ministry of Agriculture and Food Act any person entitled to receive notice of a hearing and any person having a sufficient interest in the subject matter of the appeal may be a party to the appeal.

Completion of hearing

33.09 In an appeal under subsection 16(1) or (2) of the Ministry of Agriculture and Food Act the Tribunal shall complete the hearing within forty-five calendar days after the date set for the hearing.

Notice of Decision

33.10 In an appeal under subsection 16(1) or (2) of the Ministry of Agriculture and Food Act the Tribunal shall send notice of its decision and reasons, if any, to all parties to the appeal and to the Minister of Agriculture, Food and Rural Affairs within twenty calendar days after the hearing is completed.

When decision becomes final

33.11 A decision of the Tribunal in an appeal under subsection 16(1) or (2) of the Ministry of Agriculture and Food Act becomes final thirty days after it is received by the Minister or at the expiration of such longer period as the Minister may determine during such thirty day period unless the Minister varies or rescinds the decision or a decision is substituted for the decision of the Tribunal or the Minister requires the Tribunal to hold a new hearing.


For more information:
Toll Free: 1-888-466-2372 ext. 519-826-3433
Local: 519-826-3433
E-mail: AFRAAT@ontario.ca
Author:
Creation Date: 22 November 2010
Last Reviewed: 22 November 2010